McKinney

McKinney v. Department of Motor Vehicles

Good Law

1992 Cal. App. LEXIS 499·5 Cal. App. 4th 519·7 Cal. Rptr. 2d 18·92 Daily Journal DAR 4947·92 Cal. Daily Op. Serv. 3118

Court of Appeal of CaliforniaApril 10, 1992A052875California2,491 words

Opinion

Smith, J.

Pursuant to California’s new “Administrative Per Se” law (Veh. Code, § 13353.2 et seq.), the Department of Motor Vehicles (DMV) suspended the driver’s license of Thomas Kevin McKinney for one year upon a determination that he was arrested for operating a motor vehicle under the influence of alcohol and that he was driving with a blood-alcohol level of .08 percent or more. After an administrative hearing, the hearing officer sustained the suspension.

McKinney petitioned for a writ of mandate in superior court. The court granted the writ on the basis that there was no evidence at the hearing as to what time McKinney was observed driving under the influence of alcohol. We disagree with the learned trial judge and find there is sufficient evidence to support the suspension.

Background

On October 21, 1990, at 2:25 a.m., McKinney was arrested by California Highway Patrol Officer David P. Raleigh for driving under the influence of alcohol. The officer’s sworn statement noted that McKinney’s vehicle was straddling the southbound number 3 and 2 lanes of U.S. Highway 101 at 60 miles per hour. On a preprinted declaration form provided by the DMV, the officer indicated that…

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